Provincial Government: North West Province and Another v Tsoga Developers CC and Others

The North West Department of Public Works awarded a tender for the construction of Brits Hospital to a joint venture between Tsoga Developers CC and Ilima (Pty) Ltd. After Ilima’s liquidation, Tsoga continued with the project, but disputes arose leading to termination of the contract. Tsoga claimed damages, and a settlement agreement was concluded, later made an order of the High Court in May 2013, obliging the Department to pay R22.6 million plus VAT, interest, and costs. The Department failed to pay, unsuccessfully sought rescission of the settlement order, and later entered into another agreement acknowledging an escalated debt. After partial payment, Tsoga obtained a writ of execution attaching R30.4 million from a bank account held in the name of the Department of Public Works. The Provincial Government and the Director-General sought urgent interim relief in the High Court to stay execution pending review proceedings (Part B), but this was refused. They then sought leave to appeal directly to the Constitutional Court, effectively seeking repayment of the attached funds pending finalisation of the review.

Condonation for late filing was granted, but leave to appeal was refused. The applicants were ordered to pay the costs of the first and third respondents, including the costs of two counsel.

The case underscores the Constitutional Court’s restrained approach to direct appeals and interim relief, reaffirming that complex constitutional and public finance questions will not be entertained unless clearly necessary and fully ventilated. It highlights the application of the interests-of-justice standard under section 167(6) of the Constitution and clarifies that alleged constitutional issues do not automatically justify direct access or appeal to the Constitutional Court.